[Federal Register Volume 64, Number 139 (Wednesday, July 21, 1999)]
[Rules and Regulations]
[Pages 39034-39037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18474]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[MI69-01-7277a; FRL-6357-3]


Approval and Promulgation of State Implementation Plans; Michigan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The EPA is approving several rule revisions and rescissions 
for incorporation into Michigan's State Implementation Plan (SIP). The 
Michigan Department of Environmental Quality (MDEQ) submitted these 
revisions on August 20, 1998 and supplemented them with a November 3, 
1998, letter. They include revisions to degreasing, perchloroethylene 
dry cleaning, petroleum refinery, synthetic organic chemical 
manufacturing, and delivery vessel loading rules, and a number of rule 
rescissions.

DATES: This direct final rule is effective on September 20, 1999, 
without further notice, unless EPA receives adverse comment by August 
20, 1999. If adverse comment is received, EPA will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public that the rule will not take effect.

ADDRESSES: You may send written comments to: Carlton T. Nash, Chief, 
Regulation Development Section, Air Programs Branch (AR-18J), United 
States Environmental Protection Agency, 77 West Jackson Boulevard, 
Chicago, Illinois 60604.
    Copies of the SIP revision and EPA's analysis are available for 
inspection at the following location: United States Environmental 
Protection Agency, Region 5, Air and Radiation Division, 77 West 
Jackson Boulevard, Chicago, Illinois 60604. (Please telephone Kathleen 
D'Agostino at (312) 886-1767 before visiting the Region 5 Office.)

FOR FURTHER INFORMATION CONTACT: Kathleen D'Agostino, Environmental 
Engineer, Regulation Development Section (AR-18J), Air Programs Branch, 
Air and Radiation Division, United States Environmental Protection 
Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, 
(312) 886-1767.

SUPPLEMENTARY INFORMATION:

A. Background Information
B. Contents of State Submittal
C. EPA's Evaluation of State Submittal and Final Action

A. Background Information

    On August 20, 1998, the MDEQ submitted to EPA a proposed revision 
to the Michigan SIP. MDEQ supplemented this revision with a November 3, 
1998, letter from Robert Irvine. This submittal included revisions to 
degreasing, perchloroethylene dry cleaning, petroleum refinery, 
synthetic organic chemical, and delivery vessel loading rules, as well 
as a number of rule rescissions. These rule revisions and rescissions 
are described briefly below. This rulemaking action does not address 
the following rules, which were also part of Michigan's SIP submittal: 
R 336.1118, R 336.1122(f), R 336.1278, R 336.1283 to R 336.1287, and R 
336.1290. We will address the remaining rule revisions in separate 
rulemaking actions.

B. Contents of State Submittal

    The following is a brief description of the sections of the SIP 
revision that we are addressing in this rulemaking action.
    R 336.1611 to R 336.1614 and R 336.1707 to R 336.1710--These rules 
address existing and new cold cleaner and degreaser equipment. Michigan 
is proposing to revise these rules to exempt sources subject to the 
Halogenated Solvent Cleaner National Emission Standards for Hazardous 
Air Pollutants from the provisions of the respective rules.
    R 336.1619--The State has replaced this rule with the National 
Emission Standard for Hazardous Air Pollutants for Perchloroethylene 
Dry Cleaners, and therefore proposes to remove this rule from the SIP.
    R 336.1622--The proposed revision to this rule allows sources to 
comply by complying with EPA's Standards of Performance for Equipment 
Leaks of Volatile Organic Compound in Petroleum Refineries.
    R 336.1628--The proposed revision to this rule allows sources to 
comply by complying with EPA's Standards of

[[Page 39035]]

Performance for Equipment Leaks of Volatile Organic Compound in 
Synthetic Organic Chemicals Manufacturing Industry.
    R 336.1651--The State proposes to add to the SIP a rule for 
degreasers that incorporates the Halogenated Solvents Cleaning National 
Emission Standard for Hazardous Air Pollutants.
    R 336.1706--The state has removed the word ``new'' in the text of 
this rule which applies to the loading of delivery vessels with VOCs.
    R 336.91 to R 336.97--The State has rescinded these rules, because 
the State deleted the statute providing for a suspension of state 
enforcement and replaced it with provisions for delegating authority to 
a local pollution control agency. This rendered these rules obsolete.
    R 336.601 to R 336.603--These Vehicle Inspection and Maintenance 
Rules reference a law no longer in existence. The State has rescinded 
these rules as obsolete.
    R 336.1373--The State has rescinded this rule pertaining to 
fugitive dust because it has been superseded by Section 5525 of Act 451 
of the Public Acts of 1994, as amended.
    R 336.1501 to R 336.1507--The State has rescinded these rules 
pertaining to extending sulfur dioxide compliance dates for power 
plants. These compliance dates have now passed, and the rules to which 
they pertain have been fully implemented.
    R 336.1603--The State has rescinded this rule, which establishes 
compliance dates for regulations relating to VOC emissions. These 
compliance dates have now passed, and the rules to which they pertain 
have been fully implemented.
    R 336.2010--The State has rescinded this rule because it describes 
a test method that is not applicable to any current emission limit.
    R 336.2199(c)--The State has rescinded this subsection, which 
refers to sources scheduled to be shut down by October 1980.
    R 336.2601--The State has rescinded this rule describing the make-
up of the Air Pollution Control Commission, which is no longer in 
existence.
    R 336.2602 to R 336.2605--The State has rescinded these rules 
describing the organization, procedures and meeting schedule of the Air 
Pollution Control Commission, which is no longer in existence.
    R 336.2608--The State has rescinded this rule which describes the 
involvement of the now defunct Air Pollution Control Commission in 
public and contested case hearings.
    R 336.2301 to R 336.2308--These rules pertain to air pollution 
episodes. The rules have never been used to declare an episode as the 
requirements for declaration have never been reached. Further, the 
highest monitored concentration of the air contaminants is far below 
the concentrations required to declare episodes. Therefore, the State 
has rescinded these rules.

C. EPA's Evaluation of State Submittal and Final Action

    EPA finds all of these revisions and rescissions acceptable. 
Therefore, we are approving the following rules for incorporation into 
Michigan's SIP: R 336.1611, R 336.1612, R 336.1613, R 336.1614, R 
336.1619, R 336.1622, R 336.1628, R 336.1651, R 336.1706, R 336.1707, R 
336.1708, R 336.1709 and R 336.1710. We are also approving the removal 
of the following rules from Michigan's SIP: R 336.91, R 336.92, R 
336.93, R 336.94, R 336.95, R 336.96, R 336.97, R 336.601, R 336.602, R 
336.603, R 336.1373, R 336.1501, R 336.1502, R 336.1503, R 336.1504, R 
336.1505, R 336.1506, R 336.1507, R 336.1603, R 336.2010, R 
336.2199(c), R 336.2601, R 336.2602, R 336.2603, R 336.2604, R 
336.2605, R 336.2608, R 336.2301, R 336.2302, R 336.2303, R 336.2304, R 
336.2305, R 336.2306, R 336.2307, and R 336.2308.
    We are publishing this action without prior proposal because we 
view this as a noncontroversial revision and anticipate no adverse 
comments. However, in a separate document in this Federal Register 
publication, we are proposing to approve the State Plan if someone 
files adverse written comments. This action will be effective without 
further notice unless we receive relevant adverse written comment by 
August 20, 1999. Should we receive such comments, we will publish a 
final rule informing the public that this action will not take effect. 
Any parties interested in commenting on this action should do so at 
this time. If we do not receive adverse comments, this action will be 
effective on September 20, 1999.

D. Administrative Requirements

A. Executive Order 12866

     The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, entitled 
``Regulatory Planning and Review.''

B. Executive Order 12875

    Under E.O. 12875, EPA may not issue a regulation that is not 
required by statute and that creates a mandate upon a state, local or 
tribal government, unless the Federal government provides the funds 
necessary to pay the direct compliance costs incurred by those 
governments. If the mandate is unfunded, EPA must provide to the OMB a 
description of the extent of EPA's prior consultation with 
representatives of affected State, local and tribal governments, the 
nature of their concerns, copies of any written communications from the 
governments, and a statement supporting the need to issue the 
regulation. In addition, E.O. 12875 requires EPA to develop an 
effective process permitting elective officials and other 
representatives of State, local and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.'' This rule does not create a 
mandate on state, local or tribal governments. The rule does not impose 
any enforceable duties on these entities. Accordingly, the requirements 
of section 1(a) of E.O. 12875 do not apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency.
    This rule is not subject to E.O. 13045 because it is does not 
involve decisions intended to mitigate environmental health or safety 
risks.

D. Executive Order 13084

    Under E.O. 13084, EPA may not issue a regulation that is not 
required by statute, that significantly affects or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments. If the mandate is unfunded, 
EPA must provide to the OMB, in a separately identified section of the 
preamble to the rule, a description of the extent of EPA's prior 
consultation with representatives of affected tribal governments, a 
summary of the nature of their concerns, and a

[[Page 39036]]

statement supporting the need to issue the regulation. In addition, 
E.O. 13084 requires EPA to develop an effective process permitting 
elected officials and other representatives of tribal governments ``to 
provide meaningful and timely input in the development of regulatory 
policies on matters that significantly or uniquely affect their 
communities.'' This rule does not significantly or uniquely affect the 
communities of Indian tribal governments. Accordingly, the requirements 
of section 3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because SIP approvals under 
section 110 and subchapter I, part D of the Clean Air Act (CAA) do not 
create any new requirements but simply approve requirements that the 
State is already imposing. Therefore, because the Federal SIP approval 
does not create any new requirements, I certify that this action will 
not have a significant economic impact on a substantial number of small 
entities. Moreover, due to the nature of the Federal-State relationship 
under the CAA, preparation of flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 
7410(a)(2).

F. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
annual costs to State, local, or tribal governments in the aggregate; 
or to private sector, of $100 million or more. Under section 205, EPA 
must select the most cost-effective and least burdensome alternative 
that achieves the objectives of the rule and is consistent with 
statutory requirements. Section 203 requires EPA to establish a plan 
for informing and advising any small governments that may be 
significantly or uniquely impacted by the rule.
    The EPA has determined that the approval action promulgated does 
not include a Federal mandate that may result in estimated annual costs 
of $100 million or more to either State, local, or tribal governments 
in the aggregate, or to the private sector. This Federal action 
approves pre-existing requirements under State or local law, and 
imposes no new requirements. Accordingly, no additional costs to State, 
local, or tribal governments, or to the private sector, result from 
this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to the publication of the rule in the Federal Register. A major rule 
cannot take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

H. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by September 20, 1999. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this rule for the purposes of judicial review nor does 
it extend the time within which a petition for judicial review may be 
filed, and shall not postpone the effectiveness of such rule or action. 
This action may not be challenged later in proceedings to enforce its 
requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon dioxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Ozone, Particulate matter, Reporting and recordkeeping requirements, 
Sulfur oxides, Volatile organic compounds.

    Dated: May 28, 1999.
Francis X. Lyons,
Regional Administrator, Region 5.
    For the reasons stated in the preamble, part 52, chapter I, title 
40 of the Code of Federal Regulations is amended as follows:

PART 52--[AMENDED]

    1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart X--Michigan

    2. Section 52.1170 is amended by adding paragraph (c)(112) to read 
as follows:


Sec. 52.1170  Identification of plan.

* * * * *
    (c) * * *
    (112) The Michigan Department of Environmental Quality (MDEQ) 
submitted a revision to Michigan's State Implementation Plan (SIP) on 
August 20, 1998, and supplemented it on November 3, 1998. The revision 
removed from the SIP the following rules, which the State rescinded 
effective May 28, 1997: R 336.91 Purpose; R 336.92 Suspension of 
enforcement; requests by local agencies; R 336.93 Local agency 
requirements prior to suspension of enforcement; R 336.94 Commission 
public hearings on applications; R 336.95 Suspension of enforcement; 
procedures and public notice; R 336.96 Suspension of enforcement; 
conditions; R 336.97 Commission review of local agency programs; 
renewal of suspended enforcement; R 336.601 Affected counties and 
areas; R 336.602 Attainment of national ambient air quality standards; 
exemption from inspection and maintenance program requirements; R 
336.603 Ozone and carbon monoxide attainment status determination; R 
336.1373 Fugitive dust control requirements; areas listed in table 36; 
R 336.1501 Emission limits; extension of compliance date past January 
1, 1980, generally; R 336.1502 Application; copies; R 336.1503 
Application; contents; R 336.1504 Denial of request for extension past 
January 1, 1980; R 336.1505 Grant of extension past January 1, 1980; R 
336.1506 Receipt of full and complete application; public notice; 
inspection; public hearing; R 336.1507 Modification or revocation of 
order granting extension; immediate effect; R 336.1603 Compliance 
program; R 336.2010 Reference test method 5A; R 336.2199(c); R 336.2601 
Organization; R 336.2602 Offices and meetings; R

[[Page 39037]]

336.2603 Documents available for inspection and copying; R 336.2604 
Document inspection and copying procedures; tape recording 
transcriptions; R 336.2605 Functions; R 336.2608 Hearings and informal 
conferences; R 336.2301 Definition of air pollution episode; R 336.2302 
Definition of air pollution forecast; R 336.2303 Definition of air 
pollution alert; R 336.2304 Definition of air pollution warning; R 
336.2305 Definition of air pollution emergency; R 336.2306 Declaration 
of air pollution episodes; R 336.2307 Episode emission abatement 
programs; and R 336.2308 Episode orders. The rules incorporated below 
contain revisions to degreasing, perchloroethylene dry cleaning, 
petroleum refinery, synthetic organic chemical manufacturing, and 
delivery vessel loading rules.
    (i) Incorporation by reference. The following sections of the 
Michigan Administrative Code are incorporated by reference.
    (A) R 336.1611 Existing cold cleaners, effective June 13, 1997.
    (B) R336.1612 Existing open top vapor degreasers, effective June 
13, 1997.
    (C) R 336.1613 Existing conveyorized cold cleaners, effective June 
13, 1997.
    (D) R 336.1614 Existing conveyorized vapor degreasers, effective 
June 13, 1997.
    (E) R 336.1619 Standards for perchloroethylene dry cleaning 
equipment, effective June 13, 1997.
    (F) R 336.1622 Emission of volatile organic compounds from existing 
components of petroleum refineries; refinery monitoring program, 
effective June 13, 1997.
    (G) R 336.1628 Emission of volatile organic compounds from 
components of existing process equipment used in manufacturing 
synthetic organic chemicals and polymers; monitoring program, effective 
June 13, 1997.
    (H) R 336.1651 Standards for Degreasers, effective June 13, 1997.
    (I) R 336.1706 Loading delivery vessels with organic compounds 
having a true vapor pressure of more than 1.5 psia at new loading 
facilities handling 5,000,000 or more gallons of such compounds per 
year, effective June 13, 1997.
    (J) R 336.1707 New cold cleaners, effective June 13, 1997.
    (K) R 336.1708 New open top vapor degreasers, effective June 13, 
1997.
    (L) R 336.1709 New conveyorized cold cleaners, effective June 13, 
1997.
    (M) R 336.1710 New conveyorized vapor degreasers, effective June 
13, 1997.

[FR Doc. 99-18474 Filed 7-20-99; 8:45 am]
BILLING CODE 6560-50-P